(1.) THE above writ petition has been filed for a writ of mandamus directing the respondents to admit the petitioner in the first year course of the Engineering degree course of this year (1993) by declaring that the marks obtained by the petitioner in April 1993 examination as the first improvement examination.
(2.) THE petitioner claims, in the affidavit filed in support of the writ petition, that he belonged to the Most Backward ?Vanniya Community? and that he passed the Higher Secondary examination held in March 1992 securing the following marks:
(3.) THE contention on behalf of the petitioner both in the affidavit filed in support of the writ petition and that at the time of hearing is that though the petitioner applied and got himself registered as well as paid the examination fee for writing the examination in September 1992, he could not actually attend and write the examination due to ill-health and therefore the examination undertook by the petitioner in March 1993 alone should be considered to be the First Improvement Examination and that therefore the selection for admission to the B.E. Degree Course (First year) is valid and cannot be said to vitiated. It is also contended that the denial of admission is arbitrary, unreasonable and violative of the fundamental rights of the petitioner. Reliance was also placed on the decision of the Supreme Court of India reported in AIR 1987 S.C. 1362 (Abhijit v. Dean, Government Medical College, Aurangabad)